The inquiry, held on March 26, 2025, at the Law Courts in Barnstaple, addressed concerns regarding disruptive noise levels emanating from the operator’s Barbican Close operating centre, particularly during early morning hours.

Commissioner Dorrington had asked the Driver and Vehicle Standards Agency (DVSA) to undertake an analysis of the data contained in the vehicle units from the operator’s regulated vehicles to reveal the times that those vehicles first moved each day. This review determined that vehicle movements, frequently occurring before 5:30 am, created unacceptable environmental conditions for nearby residents. It was discovered that 65.2% of the time (419 instances out of 642) vehicles started being driven before 5.30am, including 105 before 4.30am.

Mr Dorrington said “Is it acceptable to regularly wake someone from their sleep before 5.30am? No. Could it be reasonably expected for Mr Pickard or Mr Harvey to change their sleeping patterns so that to get enough continuous sleep at night they would have to fall asleep earlier than 9.30pm? No. Could it be reasonably expected for Mr Pickard or Mr Harvey to install soundproofing to the land that they own or occupy to sufficiently mitigate the noise that I have found is waking them up on a regular basis? Again no.”

Mr Dorrington decided that vehicles were being started and then first moved so early because “the operator wanted its cake and to eat it too. Over time the operator has taken on more and more work that is further and further away from its operating centre. For example, customers as far away as Merthyr Tydfil and Bournemouth. That has resulted in the operator’s vehicles having to leave earlier and earlier to make the return trip that same day.

“However, there comes a time when the business wants of the operator reach a point where they pose an unreasonable environmental interference upon the owners or occupiers of land in the vicinity of its operating centre.”

To mitigate the disturbance and ensure the well-being of the community, a new condition has been added to the operator’s license. This condition strictly regulates the hours of vehicle activity at the operating centre:

• Monday to Friday: No vehicle activity before 0530 hours and after 2200 hours.
• Saturdays: No vehicle activity before 0800 hours and after 1800 hours.
• Sundays: No operation allowed, except in documented emergencies.

The renewal of Peter Youings & Partners’ operator’s license is now contingent upon strict adherence to these newly imposed conditions.

The full written decision can be found here.

For any further details or enquiries, please contact: pressoffice@otc.gov.uk